Spousal Rights

Spousal Rights

Tennessee has abolished dower and curtesy

Tennessee is not a community property state.

Tennessee does have a marital interest. A spouse must join in all conveyances where they are a record owner. Spouse must join in all deeds of trust to bar their marital interests, except purchase money transactions.

If the deed of trust is a purchase money transaction the non titled spouse does not need to sign the deed of trust because there is no dower or curtsey in Tennessee and the purchase money takes prioity over homestead rights. T.C.A. 26-2-301 (c).

T.C.A. 26-2-301(b) relates to homestead issues. T.C.A. 31-1-105 relates to all property.

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